Federal Register of Legislation - Australian Government

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Regulations as made
These regulations provide a supporting administrative framework for the International Air Services Commission, as well as certain procedures for the Commission to follow in particular circumstances. The regulations repeal the International Air Services Commission Regulations 1992.
Administered by: Infrastructure, Regional Development and Cities
Made 13 Sep 2018
Registered 19 Sep 2018
Tabled HR 15 Oct 2018
Tabled Senate 15 Oct 2018

Commonwealth Coat of Arms of Australia

 

International Air Services Commission Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 13 September 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Michael McCormack

Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

 

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

5............ Definitions..................................................................................................................... 1

6............ Operational decisions in relation to capacity.................................................................. 2

Part 2—Allocation of available capacity                                                                                            3

7............ Submissions about allocations of capacity..................................................................... 3

8............ Commission’s address for receiving applications.......................................................... 3

9............ When capacity not required to be fully used.................................................................. 3

Part 3—Other matters                                                                                                                                   4

10.......... Delegation of powers and functions.............................................................................. 4

11.......... Witness allowances....................................................................................................... 4

Part 4—Application and transitional matters                                                                                 6

12.......... Repeal of the International Air Services Commission Regulations 1992...................... 6

13.......... Application of section 9 (when capacity not required to be fully used)......................... 6

14.......... Application of section 11 (witness allowances)............................................................. 6

Schedule 1—Repeals                                                                                                                                       7

International Air Services Commission Regulations 1992                                                            7

 


Part 1Preliminary

  

1  Name

                   This instrument is the International Air Services Commission Regulations 2018.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

1 October 2018.

1 October 2018

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the International Air Services Commission Act 1992.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Definitions

Note:          A number of expressions used in this instrument are defined in subsection 4(1) of the Act, including the following:

(a)    Australian carrier;

(b)    available capacity;

(c)    bilateral arrangement;

(d)    capacity;

(e)    Commission;

(f)    operational decision;

(g)    Secretary.

                   In this instrument:

Act means the International Air Services Commission Act 1992.

6  Operational decisions in relation to capacity

             (1)  For the purposes of paragraph 9(2)(c) of the Act, this section prescribes a circumstance in which the Secretary may make an operational decision (the relevant decision) in relation to capacity.

             (2)  The circumstance is that:

                     (a)  the relevant decision relates to an existing operational decision about particular capacity allocated to an Australian carrier for the carriage of passengers or freight under a bilateral arrangement or a combination of bilateral arrangements; and

                     (b)  the relevant decision has the effect of making a temporary and minor change to the existing operational decision by permitting the Australian carrier to meet seasonal, temporary or unusual demand by:

                              (i)  using the allocated capacity in a different manner (to the extent that such use would not be inconsistent with a determination relating to the allocation of that capacity); or

                             (ii)  using available capacity; and

                     (c)  the bilateral arrangement (or combination) permits the use by the Australian carrier of the capacity.

Part 2Allocation of available capacity

  

7  Submissions about allocations of capacity

                   For the purposes of paragraph 12(1)(b) of the Act, the Commission is required to invite submissions about an allocation of capacity if:

                     (a)  more than one application is made relating to the allocation of that capacity; or

                     (b)  the Commission considers that, if the capacity were to be allocated to an Australian carrier:

                              (i)  a restriction could be imposed on the carrier under the Competition and Consumer Act 2010 preventing the carrier using that capacity; or

                             (ii)  the carrier may not be able to obtain an approval or licence (however described) that is necessary to use that capacity; or

                            (iii)  for any other reason, the carrier may not reasonably be capable of using that capacity.

8  Commission’s address for receiving applications

                   For the purposes of paragraphs 14(1)(b) and 21(2)(c) of the Act, the Commission’s address for receiving applications is:

                     (a)  for applications delivered by post—GPO Box 630, Canberra ACT 2601; and

                     (b)  for applications delivered by email—IASC@infrastructure.gov.au.

9  When capacity not required to be fully used

                   For the purposes of subparagraph 15(2)(c)(ii) of the Act, a determination is not required to include a condition that capacity allocated by the determination be fully used if available capacity is not restricted by the bilateral arrangement or combination of arrangements permitting the carriage to which the capacity relates.

Part 3Other matters

  

10  Delegation of powers and functions

                   For the purposes of subsection 27AB(3) of the Act, a power or function mentioned in an item of the following table may be delegated only in the circumstances mentioned in the item.

 

Circumstances in which certain powers and functions may be delegated

Item

Power or function

Circumstances

1

To make a determination, under section 7 of the Act, allocating available capacity

No more than one application has been made for the allocation of that capacity, and either:

(a) no submissions are received opposing the allocation of capacity by that determination; or

(b) the Commission considers that, if submissions were invited, no submissions would be received opposing the allocation of capacity by that determination

2

To make a fresh determination, under section 8 of the Act, allocating the capacity to which the original determination relates

Either:

(a) no submissions are received opposing the allocation of capacity by that determination; or

(b) the Commission considers that, if submissions were invited, no submissions would be received opposing the allocation of capacity by that determination

3

If an Australian carrier applies, under section 21 of the Act, for a variation of a determination to allocate capacity:

(a) to conduct a review, under subsection 10(2) of the Act, of a determination that allocates capacity; and

(b) to vary the determination as requested in the application

Either:

(a) no submissions are received opposing the allocation of capacity by that determination; or

(b) the Commission considers that, if submissions were invited, no submissions would be received opposing the allocation of capacity by that determination

 

11  Witness allowances

             (1)  For the purposes of section 38 of the Act, an allowance mentioned in an item in the following table is payable to a person summoned to appear as a witness at a hearing before the Commission for the purpose, and in the amount, set out in relation to the item.

 

Allowances for appearing before the Commission as a witness

Item

Allowance

Purpose of allowance

Amount of allowance

1

Loss of earnings allowance

To compensate a witness for loss of earnings due to the appearance (including wages, salary and fees)

An amount the Commission considers reasonable to compensate that witness for the loss of earnings, including, for an expert witness, compensation for time reasonably spent preparing evidence

2

Transport allowance

To compensate a witness for the cost of travel between the witness’ usual place of residence and the place of the hearing

An amount the Commission considers reasonable to compensate that witness for the cost of travel, including an amount paid by reimbursement of expenses incurred by the witness

3

Accommodation and meal allowance

To compensate a witness for the cost of accommodation and meals, if the witness is reasonably required to be absent from the witness’ usual place of residence overnight for the purposes of the appearance

An amount the Commission considers reasonable to compensate that witness for the cost of accommodation and meals, including an amount paid by reimbursement of expenses incurred by the witness

             (2)  Applications may be made to the Administrative Appeals Tribunal for review of decisions by the Commission under subsection (1) in relation to the payment of allowances.

             (3)  The Commission must give a witness written notice of a decision under subsection (1) in relation to the payment of an allowance to the witness, including a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision.

Part 4Application and transitional matters

  

12  Repeal of the International Air Services Commission Regulations 1992

                   Despite the repeal of the International Air Services Commission Regulations 1992 by this instrument:

                     (a)  an operational decision made in circumstances prescribed by those Regulations that was in force immediately before the day this section commences continues in force (subject to the Act) on and after the day this section commences; and

                     (b)  a delegation that was in force under section 27AB of the Act immediately before the day this section commences continues in force (subject to the Act) on and after the day this section commences.

Note 1:       For paragraph (a), see regulation 2A of the International Air Services Commission Regulations 1992 (repealed) and section 6 of this instrument.

Note 2:       For paragraph (b), see regulation 3A of the International Air Services Commission Regulations 1992 (repealed) and section 10 of this instrument.

Note 3:       This instrument commenced on 1 October 2018.

13  Application of section 9 (when capacity not required to be fully used)

                   Section 9 applies in relation to a determination made before, on or after the day this instrument commences.

Note:          This instrument commenced on 1 October 2018.

14  Application of section 11 (witness allowances)

                   Section 11 applies in relation to the attendance of a person as a witness before the Commission at a hearing on or after the day this instrument commences, whether the hearing started before, on or after that day.

Note:          This instrument commenced on 1 October 2018.


Schedule 1Repeals

  

International Air Services Commission Regulations 1992

1  The whole of the instrument

Repeal the instrument.